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Anonymous users2024-02-15The land occupied by the grave can be negotiated by both parties or reported to the relevant departments for disposal.
Illegal occupation of cultivated land to build kilns, graves or unauthorized construction of houses on cultivated land, sand digging, quarrying, mining, soil and other damage to planting conditions, or due to the development of land caused by land desertification, salinization, by the people's land administrative departments at or above the county level shall be ordered to rectify or govern, may be fined less than two times the cultivated land reclamation fee.
Where a unit or individual illegally occupies more than 5 mu of basic farmland, or illegally occupies more than 10 mu of farmland other than basic farmland, builds kilns, graves, houses, excavates sand, quarries, mines, takes soil, piles up solid waste, or carries out other non-agricultural construction, causing serious damage or pollution to the planting conditions of more than 5 mu of basic farmland or more than 10 mu of farmland outside of basic farmland, criminal responsibility shall be pursued in accordance with law.
Regulations of the People's Republic of China on the Administration of Funerals
Article 9: No unit or individual may build funeral facilities without approval.
Public interest cemeteries in rural areas must not provide land for graves to persons other than villagers.
It is forbidden to establish or restore clan cemeteries. Article 10 The construction of graves in the following areas is prohibited:
1) Cultivated land and forest land;
2) Urban parks, scenic spots and cultural relics protection areas;
3) Reservoirs and river dams and water source protection areas;
4) Both sides of the main railway and highway lines.
The existing graves in the areas provided for in the preceding paragraph shall be relocated or buried deeply within a set period of time, with the exception of cemeteries with historical, artistic, or scientific value that are protected by the state and shall be retained, leaving no graves. Article 11 Strictly limit the area and service life of cemeteries. If burial or burial of ashes is permitted in accordance with the plan, the area and service life of the burial pit for the burial of the remains or ashes shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government in accordance with the principle of saving land and not occupying cultivated land.
Criminal Law of the People's Republic of China
Article 342:Whoever violates land management regulations by illegally occupying farmland, forest land, or other agricultural land, or changing the use of the occupied land, and the amount is relatively large, causing a large amount of destruction of cultivated land, forest land, or other agricultural land, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and/or a fine.
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Anonymous users2024-02-14For example, Liangcheng County, Inner Mongolia, should occupy a cemetery according to national regulations.
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Anonymous users2024-02-13According to the relevant provisions of the "Regulations on the Administration of Funerals and Burials" and the "Land Management Law of the People's Republic of China", it is strictly forbidden for any unit or individual to occupy cultivated land to build graves. Anyone who buys or sells cultivated land to build graves will have the money from the sale of cultivated land confiscated, and the relevant departments may also impose fines on the sale of cultivated land. If a crime is constituted, criminal responsibility will also be pursued in accordance with law.
Regulations on the Administration of Funerals
Article 4 Cremation shall be practiced in densely populated areas, with less cultivated land and convenient transportation; In areas where there are no conditions for cremation, burial is permitted.
The areas where cremation and burial are permitted shall be demarcated by the people of provinces, autonomous regions, and municipalities directly under the Central Government, and shall be reported to the civil affairs department for the record by the people's civil affairs department at the same level. Article 5.
In areas where cremation is practiced, the State advocates the disposal of ashes in the form of deposit and other methods that do not occupy or occupy less land. The people at the county level and the people of districted cities and autonomous prefectures shall formulate specific plans for the implementation of cremation, and include the construction and renovation of funeral homes, crematoriums, and columbariums in urban and rural construction plans and capital construction plans.
In areas where burial is permitted, the people at the county level and the people of districted cities and autonomous prefectures shall include the construction of cemeteries in urban and rural construction plans.
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Anonymous users2024-02-12The land occupied by the grave can be negotiated by both parties or reported to the relevant departments for disposal. Illegal occupation of cultivated land to build kilns, graves or unauthorized construction of houses on cultivated land, sand digging, quarrying, mining, soil and other damage to planting conditions, or due to the development of land caused by land desertification, salinization, by the people's land administrative departments at or above the county level shall be ordered to rectify or govern, may be fined less than two times the cultivated land reclamation fee. Where a unit or individual illegally occupies more than 5 mu of basic farmland, or illegally occupies more than 10 mu of farmland other than basic farmland, builds kilns, graves, houses, excavates sand, quarries, mines, takes soil, piles up solid waste, or carries out other non-agricultural construction, causing serious damage or pollution to the planting conditions of more than 5 mu of basic farmland or more than 10 mu of farmland outside of basic farmland, criminal responsibility shall be pursued in accordance with law.
1. It is forbidden to build graves in the following areas:
1. Cultivated land and forest land;
2. Urban parks, scenic spots and cultural relics protection areas;
3. Near reservoirs and river dams and water source protection areas;
4. Both sides of the main railway and highway lines.
2. In any of the following circumstances, if it is truly necessary to expropriate land owned by peasant collectives, it may be expropriated in accordance with law:
1. Land is needed for military and diplomatic purposes;
2. Land is needed for the construction of energy, transportation, water conservancy, communications, postal and other infrastructure organized and implemented by the first organization;
3. Land is needed for public undertakings such as science and technology, education, culture, health, sports, ecological environment and resource protection, disaster prevention and mitigation, cultural relics protection, community comprehensive services, social welfare, municipal public utilities, preferential care and resettlement, and protection of martyrs;
Legal basisInterim Measures for the Management of Cemeteries
Article 16: Without approval, public welfare cemeteries are not allowed to operate funeral business. The tomb management fee for a commercial cemetery shall not be collected at one time for a maximum of 20 years. The land for the tomb should be spared.
21st all kinds of cemeteries established before the implementation of these measures, which comply with the relevant provisions of these measures but have not gone through the examination and approval procedures, shall be in accordance with the provisions of the second chapter of these measures to go through the examination and approval procedures; If it does not comply with the provisions of these measures, the cemetery unit shall report to the cemetery department and properly handle it according to different circumstances; For the existing cemeteries and graves in the city, except for othersLaws and RegulationsOutside the regulations, the local funeral institution shall be responsible for taking over and renovating.
Article 23: All provinces, autonomous regions, and municipalities directly under the Central Government may formulate detailed implementation rules for their respective regions in accordance with these Measures.
Article 24: These Measures shall come into force on the date of promulgation. The former Ministry of the Interior and the Ministry of Civil Affairs have provisions on the management of cemeteries in the past, and if there is any conflict with these measures, they shall be implemented in accordance with these measures.
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Anonymous users2024-02-11Legal Analysis: Not Legal, Illegal. According to the relevant provisions of the Land Management Law, it is forbidden to occupy cultivated land to build kilns and graves, or to build houses, dig sand, quarry, mine, and take soil on cultivated land without authorization.
Legal basis: Land Management Law of the People's Republic of China
Article 37 Where land must be used sparingly for non-agricultural construction, and wasteland may be used, cultivated land shall not be occupied; Where inferior land can be used, good land must not be occupied. It is forbidden to occupy cultivated land to build kilns or graves, or to build houses, dig sand, quarry, mine, and take soil on cultivated land without authorization. It is forbidden to occupy basic farmland for the development of forestry and fruit industry and to dig ponds for fish farming.
75th in violation of the provisions of this Law, occupy cultivated land to build kilns, graves or unauthorized construction of houses on cultivated land, sand digging, quarrying, mining, soil extraction, etc., damage planting conditions, or due to the development of land caused by desertification, salinization, by the people's land administrative departments at or above the county level shall be ordered to rectify or remediate, may be fined; where a crime is constituted, criminal responsibility is pursued in accordance with law.
You can be compensated for your direct losses and loss of available benefits, which will be handled in accordance with the relevant national regulations. However, some executive departments do not follow the national policy, and may give you a part less, but once you understand the relevant national regulations, they will not dare.
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What he did was absolutely illegal, but. China now has a clear provision: the compensation (resettlement) cost of land expropriation is composed of the total compensation multiple of the land compensation fee, the resettlement subsidy fee, and the seedling compensation fee (calculated at 1 times of the annual output value). >>>More
Expropriation: refers to the conversion of collectively owned land into state-owned land by the state and the recovery of the right to use; or the resumption of the city's state-owned construction land use rights; It is a legal act after going through the statutory approval process. >>>More
The standards vary from place to place, so you need to check with your local Land and Resources Bureau for reference. >>>More